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Divorce while pregnant

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McClay

Junior Member
What is the name of your state? Indiana

Sorry if this is in the wrong section, I wasn’t sure which forum would fit best.

This is a two part question. I'll start off with a little background info. I have been dating someone for a year now. About 2 months ago she became pregnant. The problem is she is still legally married, but has been separated for two years. She and her ex procrastinated on getting divorced, but now that she is pregnant she is finally got some motivation to finalize the divorce. However I heard that the State of Indiana will not process a divorce while the wife is pregnant, is this true? I have been unable to verify this anywhere. I have also heard that the state of Indiana automatically puts the husbands name on the birth certificate (even though it will not be his child). Is this true as well? I really don’t want his name on my child’s birth certificate.

Any help is appreciated, thank you.
 


LdiJ

Senior Member
What is the name of your state? Indiana

Sorry if this is in the wrong section, I wasn’t sure which forum would fit best.

This is a two part question. I'll start off with a little background info. I have been dating someone for a year now. About 2 months ago she became pregnant. The problem is she is still legally married, but has been separated for two years. She and her ex procrastinated on getting divorced, but now that she is pregnant she is finally got some motivation to finalize the divorce. However I heard that the State of Indiana will not process a divorce while the wife is pregnant, is this true? I have been unable to verify this anywhere. I have also heard that the state of Indiana automatically puts the husbands name on the birth certificate (even though it will not be his child). Is this true as well? I really don’t want his name on my child’s birth certificate.

Any help is appreciated, thank you.
Yes, its true that a divorce cannot be finalized in IN if the wife is pregnant. The divorce will be put on hold until paternity of the child can be legally established.

No, its not true that the husband must be placed on the birth certificate. The bio father can sign the AOP at the hospital and be placed on the birth certificate....and some Indiana judges will even accept that in court as sufficient "legal" establishment of paternity. Other Indiana judges will insist on a DNA test to be certain....and ALL Indiana judges will insist on a DNA test if either of the possible fathers asks for one.

However, the bottom line is that the divorce won't be finalized until after the child is born.
 
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ceara19

Senior Member
Yes, its true that a divorce cannot be finalized in IN if the wife is pregnant. The divorce will be put on hold until paternity of the child can be legally established.

No, its not true that the husband must be placed on the birth certificate. The bio father can sign the AOP at the hospital and be placed on the birth certificate....and some Indiana judges will even accept that in court as sufficient "legal" establishment of paternity. Other Indiana judges will insist on a DNA test to be certain....and ALL Indiana judges will insist on a DNA test if either of the possible fathers asks for one.

However, the bottom line is that the divorce won't be finalized until after the child is born.
Just to add, I would HIGHLY recommend a DNA test. No offense, but she has no problem having unprotected sex with you while she is married to someone else. Also, even though you are together now and things are great, there is no guarantee that it will ALWAYS be that way. It would be better to find out NOW, rather then 10 years down the road, when there is nothing that you can do about it.
 

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